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Author: Linda K. Kerber Publisher: Macmillan ISBN: 0809073846 Category : Law Languages : en Pages : 432
Book Description
In this landmark book, the historian Linda K. Kerber opens up this important and neglected subject for the first time. She begins during the Revolution, when married women did not have the same obligation as their husbands to be "patriots," and ends in the present, when men and women still have different obligations to serve in the armed forces.
Author: Linda K. Kerber Publisher: Macmillan ISBN: 0809073846 Category : Law Languages : en Pages : 432
Book Description
In this landmark book, the historian Linda K. Kerber opens up this important and neglected subject for the first time. She begins during the Revolution, when married women did not have the same obligation as their husbands to be "patriots," and ends in the present, when men and women still have different obligations to serve in the armed forces.
Author: LESLIE F. GOLDSTEIN Publisher: West Academic Publishing ISBN: 9781640201255 Category : Languages : en Pages : 1245
Book Description
Authors Goldstein, Baer, Daum and Fine skillfully blend doctrinal and political developments to document and explain the evolution of women's rights and the law as well as the dynamics and dissension among feminist activists. Building on three previous editions, this book combines updated material on constitutional law, sex and gender discrimination, and women's reproductive rights, with new cases and readings on family law, criminal law, and LGBT rights. Discussion has been expanded to include questions of whether or not the prohibitions on sex discrimination in Title VII and Title IX protect trans individuals. New material covers emerging policy concerns such as female genital mutilation, child marriage, and the Trump Administration's policy changes on gender issues. This edition takes a more socio-political and institutional approach than other books on women and the law. The authors consider issues such as institutional questions of constitutional interpretation, the scope of judicial power, the balance of federal-state power, the interaction between law and other social and political institutions, the capacity of law to effect societal change, and the effect of presidential and Senate politics on U.S. Supreme Court nominations and confirmations. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality. Topics also include constitutional history, shifting interpretations of employment discrimination and gender equality, changes in reproductive technology and associated policy responses, divorce and dissolution of domestic partnerships, child custody, education, same-sex marriage, pornography, and domestic violence.
Author: Erika Bachiochi Publisher: University of Notre Dame Pess ISBN: 0268200807 Category : History Languages : en Pages : 475
Book Description
Erika Bachiochi offers an original look at the development of feminism in the United States, advancing a vision of rights that rests upon our responsibilities to others. In The Rights of Women, Erika Bachiochi explores the development of feminist thought in the United States. Inspired by the writings of Mary Wollstonecraft, Bachiochi presents the intellectual history of a lost vision of women’s rights, seamlessly weaving philosophical insight, biographical portraits, and constitutional law to showcase the once predominant view that our rights properly rest upon our concrete responsibilities to God, self, family, and community. Bachiochi proposes a philosophical and legal framework for rights that builds on the communitarian tradition of feminist thought as seen in the work of Elizabeth Fox-Genovese and Jean Bethke Elshtain. Drawing on the insight of prominent figures such as Sarah Grimké, Frances Willard, Florence Kelley, Betty Friedan, Pauli Murray, Ruth Bader Ginsburg, and Mary Ann Glendon, this book is unique in its treatment of the moral roots of women’s rights in America and its critique of the movement’s current trajectory. The Rights of Women provides a synthesis of ancient wisdom and modern political insight that locates the family’s vital work at the very center of personal and political self-government. Bachiochi demonstrates that when rights are properly understood as a civil and political apparatus born of the natural duties we owe to one another, they make more visible our personal responsibilities and more viable our common life together. This smart and sophisticated application of Wollstonecraft’s thought will serve as a guide for how we might better value the culturally essential work of the home and thereby promote authentic personal and political freedom. The Rights of Women will interest students and scholars of political theory, gender and women’s studies, constitutional law, and all readers interested in women’s rights.
Author: Paula A. Monopoli Publisher: Oxford University Press ISBN: 0190092815 Category : Law Languages : en Pages : 257
Book Description
In Constitutional Orphan, Professor Paula Monopoli explores the significant role of former suffragists in the constitutional development of the Nineteenth Amendment -- the woman suffrage amendment ratified in 1920. She sheds new light on the connection between the suffragists as institutional actors in civil society and the emergence of a "thin" conception of the Nineteenth Amendment as a mere nondiscrimination in voting rule, rather than a robust equality norm. In this compelling legal history, Monopoli illuminates how the Nineteenth had implications for federalism, women's citizenship and the definition of equality, as well as how gender, race and class intersect to affect our constitutional development. Monopoli explores the choice by both the National Woman's Party and the National American Woman Suffrage Association to turn away from African American suffragists who were denied the vote even after ratification of the Nineteenth Amendment. Using original sources, legislative history and case analysis, she develops a persuasive theory connecting that moral and strategic failure to the emergence of a narrow interpretation of the amendment. Monopoli also evaluates the impact of class divisions among former suffragist allies. These divisions around support for the NWP's Equal Rights Amendment, found social feminists opposing that "blanket" amendment for fear of its impact on the constitutional validity of protective labor legislation for working-class women. Monopoli details how many state courts, left without federal enforcement legislation to guide them, used strict construction to cabin the emergence of a more robust interpretation of the Nineteenth Amendment, as a broad equality norm. She concludes with an examination of new legal scholarship that suggests ways in which such a robust understanding of the Nineteenth Amendment could be used today to expand gender equality. In this compelling legal history, Monopoli illuminates how gender, race and class intersect to affect our constitutional development.
Author: Judith A. Baer Publisher: ISBN: Category : Law Languages : en Pages : 668
Book Description
The Constitutional and Legal Rights of Women: Cases in Law and Social Change is designed to provide undergraduate students with a comprehensive, sophisticated treatment of the legal status of all American women. Authors Baer and Goldstein skillfully blend doctrinal and political developments to document and explain the evolution of women's rights and the law - as well as the dynamics and dissension within the feminist movement. Building on Goldstein's previous editions, this book combines updated material on constitutional law, gender discrimination, and women's rights with new cases and readings on family law, gay rights, and criminal law. This edition takes a more socio-political and institutional approach than other books on women and the law. The authors consider issues such as institutional questions of constitutional interpretation, the scope of judicial power, the balance of federal-state power, the interaction between law and other social and political institutions, and the capacity of law to effect societal change. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality. equality, advances in reproductive technology law, divorce, child custody, education, same-sex marriage, pornography, and domestic violence. Special features include: a timetable of national women's rights cases and legal changes; readings that present opposing views on issues such as pornography, rape, and the battered woman syndrome; historical coverage; discussion questions following most cases; and a supplemental website.
Author: Jody Heymann Publisher: Univ of California Press ISBN: 0520973879 Category : Political Science Languages : en Pages : 416
Book Description
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.
Author: Julie C. Suk Publisher: Simon and Schuster ISBN: 1510755926 Category : Law Languages : en Pages : 265
Book Description
Ruth Bader Ginsburg believed that the equal rights of women belonged in the Constitution. She stood on the shoulders of brilliant women who persisted across generations to change the Constitution. We the Women tells their stories, showing what’s at stake in the current battle for the Equal Rights Amendment. The year 2020 marks the centennial the Nineteenth Amendment, guaranteeing women’s constitutional right to vote. But have we come far enough? After passage of the Nineteenth Amendment, revolutionary women demanded full equality beyond suffrage, by proposing the Equal Rights Amendment (ERA). Congress took almost fifty years to adopt it in 1972, and the states took almost as long to ratify it. In January 2020, Virginia became the final state needed to ratify the amendment. Why did the ERA take so long? Is it too late to add it to the Constitution? And what could it do for women? A leading legal scholar tells the story of the ERA through the voices of the bold women lawmakers who created it. They faced opposition and subterfuge at every turn, but they kept the ERA alive. And, despite significant victories by women lawyers like Ruth Bader Ginsburg, the achievements of gender equality have fallen short, especially for working mothers and women of color. Julie Suk excavates the ERA’s past to guide its future, explaining how the ERA can address hot-button issues such as pregnancy discrimination, sexual harassment, and unequal pay. The rise of movements like the Women’s March and #MeToo have ignited women across the country. Unstoppable women are winning elections, challenging male abuses of power, and changing the law to support working families. Can they add the ERA to the Constitution and improve American democracy? We the Women shows how the founding mothers of the ERA and the forgotten mothers of all our children have transformed our living Constitution for the better.
Author: Ruth Rubio-Marín Publisher: Cambridge University Press ISBN: 1108653367 Category : Law Languages : en Pages : 397
Book Description
That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality.
Author: Ruth Rubio-Marin Publisher: Cambridge University Press ISBN: 1316827585 Category : Law Languages : en Pages : 405
Book Description
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
Author: Sibyl A. Schwarzenbach Publisher: Columbia University Press ISBN: 0231502966 Category : History Languages : en Pages : 415
Book Description
Women and the U.S. Constitution is about much more than the nineteenth amendment. This provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women. Divided into three parts—History, Interpretation, and Practice—this book views the Constitution as a living document, struggling to free itself from the weight of a two-hundred-year-old past and capable of evolving to include women and their concerns. Feminism lacks both a constitutional theory as well as a clearly defined theory of political legitimacy within the framework of democracy. The scholars included here take significant and crucial steps toward these theories. In addition to constitutional issues such as federalism, gender discrimination, basic rights, privacy, and abortion, Women and the U.S. Constitution explores other issues of central concern to contemporary women—areas that, strictly speaking, are not yet considered a part of constitutional law. Women's traditional labor and its unique character, and women and the welfare state, are two examples of topics treated here from the perspective of their potentially transformative role in the future development of constitutional law.
Author: Linda K. Kerber
Author: Linda K. Kerber
Author: LESLIE F. GOLDSTEIN
Author: Erika Bachiochi
Author: Paula A. Monopoli
Author: Judith A. Baer
Author: Jody Heymann
Author: Julie C. Suk
Author: Ruth Rubio-Marín
Author: Ruth Rubio-Marin
Author: Sibyl A. Schwarzenbach